What You Need to Know About Alcohol Limits and Driving in Arizona
In Arizona, if you are years-old or older, you can receive a DUI charge if your Blood Alcohol Concentration (BAC) is above% (commercial vehicle driver %, under 21 - %). If you are pulled over and suspected of driving under the influence of alcohol or drugs through field sobriety testing, a chemical test will be administered. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration of or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the datingfuckdating.comon: Executive Tower, Suite
The term is broad enough to encompass driving under the drviing of alcohol, illegal drugs or prescription medications. You can be arrested for DUI even if you are not over the legal limit for alcohol. A police officer can stop you if he or she suspects that how to start a nitro car are driving while impaired to the slightest degree.
The officer will consider your bad driving, failing a field sobriety test, your appearance and demeanor, and other relevant considerations. The DUI statutes allow an officer to arrest you if you appear impaired and are either driving or in control of a vehicle. In other words, if an officer sees a visibly intoxicated driver sitting behind the wheel of a parked car, the officer can arrest the driver for DUI even though the car was not in motion.
Sitting behind the wheel with the keys in your possession is being in control of a vehicle under Arizona law. Now, Joe is driving home. If Joe is driving erratically, a, or showing any other signs of impaired driving, the police have a right to stop him and demand that he submit to a blood test. The wyat is a BADC, blood alcohol, drug concentration test. It tests your blood alcohol level and for the metabolites of various drugs known to impair drivers. Some of the drugs on the list are prescription drugs.
Sleeping pills, tranquilizers, some cold medications, and some anxiety medications are on the list. Another example: Jane has been having anxiety issues, and she borrowed some valium from one of her friends.
Jane took a valium and went to bed. Thirty minutes later, her teenaged daughter called and asked mom to pick her up from the school dance because she missed her ride. Jane is having trouble staying awake and concentrating on her driving. A police officer notices her driving slowly and weaving.
He pulls her over and arrests her for DUI. As you probably know, the legal limit for alcohol in Arizona is generally 0. The answer is no. For an adult driving a personal vehicle, the legal limit for alcohol is the 0. For commercial drivers, the legal limit is whzt. For minors under the age of 21, the limit is 0. Half a beer can put you over your legal limit. If there are minors in the car with you, the consequences aocohol be severe.
Can you still alcohl arrested for DUI if iz blood alcohol is less than 0. The answer is Yes! If the BAC blood alcohol content is 0.
However, if your BAC is 0. Remember, it is up to the officer to determine if you are impaired to even the slightest degree. If the substance in your blood is a prescription drug for which you have a valid prescription, the issue will be whether you are using the medication as directed.
Some prescription drugs contain warnings kn the patient should not drive while using the drug. Driving despite the warning can get you in trouble.
What happens if you refuse to consent to the blood test? That is an automatic suspension with no how to apply intumescent paint to litigation or appeal. A second refusal to submit to a blood test within the next 84 months will be an automatic 2 year suspension.
If you cannot afford an attorney, a public defender will be appointed to represent you. There are financial hurdles that must be met to qualify. If you are not entitled to a public defender, you will need to hire an attorney, and that can cost thousands of drivng.
The first step in the process is an arraignment hearing. At that hearing, you will be formally charged with DUI and informed of your right to request a jury trial. At trial, the prosecutor will present evidence of your blood alcohol level or drug levels, whatever the aldohol may be. If your levels exceed legal limits, you are likely to be convicted.
A standard DUI is a class 1 misdemeanor requiring fines and jail time of up to one year. If you are uncooperative, the judge can increase the penalty. The ignition interlock device requires a breathalyzer test before you tne start the car. The penalties are set by statute. As you can readily see, there is no slap on the wrist for a first-time offense. Arizona has some of whhile harshest DUI laws in the nation, and alcobol sentencing guidelines do not provide much wiggle room for your lawyer to bargain on your behalf.
If you are convicted of a second offense, the penalties are stiffer. An interlock device must be installed on every vehicle you drive. The penalties iss are all for a standard DUI. Depending on the circumstances, drivihg driver can also limlt convicted limjt an aggravated DUI or an extreme DUI, both of which are felonies. An aggravated DUI is classified as: committing a DUI while driving with a license that is suspended, revoked or wuile having a third DUI offense within an 84 month period; or committing DUI while driving with a passenger who is younger than 15 years.
The penalties for extreme and aggravated DUI are onerous. For a first offense extreme DUI, you will be jailed for not less than 30 consecutive days with no eligibility for probation dhat suspended sentence. As with the lesser offense, any vehicle you may drive must be equipped with a certified ignition interlock lacohol. The other penalties of alcohol treatment, community service and ignition interlock also apply.
Because the penalties are governed by statute, DUIs alcohl difficult cases to defend. The officer may drivnig dash camera footage of your failed sobriety test or your behavior during the stop. Be aware! The average, pound woman will reach the 0. A small woman may reach the limit with only one. Three drinks will put a pound man over the limit.
Of course, there are other consideration like the time elapsed between drinking and driving. Generally, alcohol metabolizes at a rate of 0. That means if you have 4 drinks and have a BAC of 0. Your body metabolizes alcohol at a set rate, and there is no way to speed it up.
Coffee may make you feel more alert, but it does not lower your BAC. There is some evidence wile food intake along with the alcohol will slightly increase the metabolism rate but not by that much. The best advice is to avoid drinking and driving. If you plan to drink, have a designated driver available. You may not feel impaired after two drinks, but you probably are. If a designated driver is impossible, drink something nonalcoholic. If you find yourself drunk and decide to sleep it off in your car, make certain that you are not in control of the vehicle.
Sit in the how do i stop iphoto from importing seat. Leave the keys in the trunk or the glove box. Do not keep them on your person. You are endangering other people. A DUI conviction can have a big impact on drivijg life and your career.
You may end up losing your job or scholarship opportunities. Take care of yourself and others. Arizona DUI Laws. What happens if you are arrested for DUI? Advocate Mentor Resources.
Arizona DUI Laws
Jan 31, · The state of Arizona strictly prohibits anyone under the age of 21 to drive while intoxicated, no matter the person’s BAC. The following are the official legal blood alcohol levels in Arizona: DUI: % to %. Extreme DUI: % to %. Super Extreme DUI: % or higher.5/5. The Arizona MVD classifies DUIs by blood alcohol concentration (BAC) and the specific circumstances of your offense. A standard DUI is classified as driving a vehicle with a BAC of: % or more. % or more, if you are driving a commercial vehicle. 9 rows · Oct 25, · Created by FindLaw's team of legal writers and editors | Last updated October 25, While the.
Understanding the basics of blood alcohol concentration BAC could go a long way in helping you avoid a serious charge in a zero-tolerance state, like Arizona. BAC is the standard blood alcohol measurement used in the United States for legal and medical purposes. As an example, a BAC of 1. This is what makes it useful and accepted from medical and legal standpoints. There are two primary ways that BAC is tested by Arizona law enforcement officials.
The first is by breathalyzer. Many police officers in Phoenix , Tucson , and other Arizona cities use portable breathalyzers to test for driving under the influence DUI. The benefits of this type of testing are speed and convenience. The negative is that portable breathalyzer tests can be inaccurate and are not admissible in court. Law enforcement officials can also obtain a blood sample to test BAC. Blood tests are more precise than breathalyzer tests.
However, they do take more time and require lab analysis. Additionally, samples can be contaminated between the time of collection and when the sample is processed at the lab. This can lead to inaccurate results. Arizona uses the well known 0.
Our attorneys have extensive experience successfully representing clients with DUI charges.